Crl.M.P.Sr.No.39510 of 2022
in Crl.O.P.No.18583 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 13.09.2022
CORAM:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.M.P.Sr.No.39510 of 2022
in
Crl.O.P.No.18583 of 2019
Mr.A.G.Ponn Manickavel,
Special Officer & Head of Special Investigation Team,
Idol Theft Cases, Special Camp Office,
District Armed & Reserve Campus,
Subramaniyapuram, Tiruchurapalli. ... Petitioner/5th respondent.
/versus/
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department, (Police-2),
Secretariat, Fort, Chennai.
2. The Director General of Police,
Tamil Nadu,
Mylapore, Chennai - 4.
3. The ADGP, CBCID Wing,
Old City Commissioner Office,
Egmore, Chennai.
4. The Deputy Superintendent of Police,
CBCID Wing,
Old City Commissioner Office,
Egmore, Chennai. ... Respondents/Respondents 1 to 4
Page No.1/5
https://www.mhc.tn.gov.in/judis
Crl.M.P.Sr.No.39510 of 2022
in Crl.O.P.No.18583 of 2019
5. Kader Batcha, M/A, 57 years,
S/o.Ibrahim,
No.17, Q Block, G.3, New Police Quarters,
EVR Salai Kilpauk,
Chennai – 600 010. ... 5th Respondents/Petitioner.
PRAYER: Petition to recall the order dated 22.07.2022 under Section 482 of
Cr.P.C., to recall the order dated 22.07.2022 in Crl.O.P.No.18583 of 2019.
For Petitioner : Mr.V.Selvaraj
ORDER
Heard the Learned Counsel for the petitioner.
2. This application filed under Section 482 of Cr.P.C., to recall the order dated 22.07.2022 in Crl.O.P.No.18583 of 2019 passed by this Court.
3. According to the petitioner, certain observation by this Court requires recall and revisit. When the matter was posted for maintainability, the Learned Counsel appearing for the petitioner relied upon the judgments of the Hon'ble Supreme Court in Ganesh Patel -vs- Umakant Rajoria reported in 2022 (1) MWN (CR.) 547, Vishnu Agarwal -vs- State of Uttar Pradesh and another Page No.2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.Sr.No.39510 of 2022 in Crl.O.P.No.18583 of 2019 reported in (2011) 14 SCC 813 and A.R. Antulay -vs- R.S.Nayak and another reported in (1988) 2 SCC 602. This Court gave anxious consideration to the petition and the judgments cited above.
(i) In Ganesh Patel -vs- Umakant Rajoria reported in 2022 (1) MWN (CR.) 547, cited by the Learned Counsel, the Court has observed that the order of the High Court recalling the earlier order is sustainable since the application seeking procedural review, and not a substantive review. Such petitions are maintainable and not barred by Section 362 of Cr.P.C
(ii). In Vishnu Agarwal -vs- State of Uttar Pradesh and another reported in (2011) 14 SCC 813, relied by the Learned Counsel, the facts of the case is that an exparte order was passed without hearing the respondents in a Revision petition and therefore, the Hon'ble Supreme Court has held Section 362 of Cr.P.C cannot be considered in a rigid and overtechnical manner to defeat the ends of justice.
Page No.3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.Sr.No.39510 of 2022 in Crl.O.P.No.18583 of 2019
(iii). In A.R. Antulay -vs- R.S.Nayak and another reported in (1988) 2 SCC 602, the Constitutional Bench of the Hon'ble Supreme Court has observed that, the Court is empowered to rectify and recall the order which has caused injustice.
4. As far as the case in hand is concern, the reason stated in the petition to recall are in fact, tantamounts to review the order. Hence, this Court is of the view that the bar under Section 362 of the Code of Criminal Procedure squarely applies. If the petitioner herein is of the view that the order is erroneous, he is always at liberty to challenge the same before the higher forum.
5. Accordingly, this Criminal Miscellaneous Petition (SR) No.39510 of 2022 is dismissed as not maintainable.
13.09.2022
Index : Yes/No.
Internet :Yes/No.
Speaking Order/Non-speaking order
bsm
Page No.4/5
https://www.mhc.tn.gov.in/judis
Crl.M.P.Sr.No.39510 of 2022
in Crl.O.P.No.18583 of 2019
Dr.G.Jayachandran, J.
bsm
Crl.M.P.Sr.No.39510 of 2022
in Crl.O.P.No.18583 of 2019
13.09.2022
Page No.5/5
https://www.mhc.tn.gov.in/judis